R.S.M. 1987, c. C290
The Court of Queen's Bench Surrogate Practice Act
Table of Contents
1 | Definitions. | |
2 | Interpretation. | |
3 | Safekeeping of will. | |
(2) | Preservation of documents. | |
4 | Deputy registrars to report to registrar. | |
5 | Officers not to take fees. | |
6 | Jurisdiction. | |
7 | Administration not granted to non-residents. | |
(2) | Security for probate granted to non-resident of Canada. | |
(3) | Application to resealing. | |
8 | Where probate or administration granted. | |
9 | Judges executor, etc. | |
10 | General effect of grant. | |
11 | Production of testamentary documents. | |
(2) | Examination of persons touching documents. | |
(3) | Liability of persons to orders. | |
12 | Limited grant of administration. | |
13 | Probate to trust company alone. | |
(2) | Probate to trust company jointly with others. | |
(3) | Power of trust company. | |
(4) | Grant of administration to trust company. | |
(5) | Officer of trust authorized to act. | |
14 | General power of court to appoint. | |
15 | Party applying not next of kin. | |
16 | Temporary administration. | |
(2) | Security. | |
17 | Administration pending litigation. | |
18 | Consequence of renouncing probate. | |
19 | Citation to prove or renounce. | |
20 | Consequences of failure to prove will. | |
21 | Where infant sole executor. | |
22 | Application and proofs required. | |
(2) | Evidence as to validity and execution. | |
(3) | Evidence of witness. | |
(4) | Where witness not available. | |
(5) | Evidence as to holograph will. | |
(6) | Probating notarial will. | |
23 | Affidavit sufficient for jurisdiction. | |
24 | Filing inventory. | |
(2) | Property discovered after grant. | |
(3) | Inventory upon limited grant. | |
25 | Bond of administrator. | |
(2) | More than one bond. | |
(3) | Amount of bond. | |
(4) | Dispensing with bond and sureties. | |
(5) | Where no sureties required. | |
(6) | Where only one surety required. | |
(7) | Bond of surety company. | |
(8) | Deposit of money or securities. | |
26 | Reducing bond. | |
27 | Assignment of bond. | |
28 | Accounting under oaths and bonds. | |
29 | New or additional security. | |
(2) | Application. | |
30 | Substitution of security. | |
(2) | Application. | |
31 | Cancellation of security. | |
32 | Transmission of application to registrar. | |
33 | Wills and bonds not transmitted. | |
34 | Inquiry by registrar. | |
35 | Certificate of registrar. | |
36 | No grant without certificate of registrar. | |
37 | Application to more than one judicial centre. | |
(2) | Costs. | |
(3) | Decision final. | |
38 | Caveats lodged. | |
39 | Notice of caveats. | |
40 | Notice of contentious matters. | |
41 | Accounting by executor. | |
42 | Accounts of guardians. | |
43 | Jurisdiction on passing accounts. | |
(2) | Notice of accounting. | |
(3) | Notice where infant affected. | |
(4) | Appointment of expert to assist. | |
44 | Accounting at request of person interested. | |
45 | Order for payment of money. | |
46 | Effect of accounting in court. | |
47 | Summary administration of small estates. | |
(2) | Payment of claim by Minister of Finance. | |
(3) | Application of certain provisions excluded. | |
48 | Receiving foreign grants. | |
(2) | Certified copy of grants. | |
(3) | Translation of testamentary documents. | |
(4) | Letters of verification a probate. | |
49 | Security required. | |
50 | Application of sec. 48. | |
51 | On administration executor not to act. | |
52 | Proceedings continued regardless of revocation. | |
53 | Certified copies. | |
54 | Certificates of search. | |
55 | Appointment of Public Trustee to act in estate. | |
56 | Investment of trust money. | |
57 | Fees for Public Trustee. |